Buffalo v. Central State Hospital

U.S. Court of Appeals for the Fourth Circuit
Buffalo v. Central State Hospital, 87 F. App'x 904 (4th Cir. 2004)

Buffalo v. Central State Hospital

Opinion

*905 PER CURIAM.

Clarence Garfield Buffalo seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). * The order is appealable only if a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Buffalo has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

*

The parties consented to the magistrate judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) (2000).

Reference

Full Case Name
Clarence Garfield BUFFALO, Petitioner—Appellant, v. CENTRAL STATE HOSPITAL, Respondent—Appellee
Status
Unpublished